The justices hinted they will uphold the travel ban when they issued an order in December letting it take full effect during the legal fight. Two versions later, the travel ban has at least the appearance of a more carefully considered policy. Opponents say the travel ban unnecessarily separates families, at times by preventing relatives of U.S. citizens from leaving dangerous countries. The appeals court also said the policy violated a separate immigration provision that bars discrimination on the basis of nationality. The Trump administration says that provision applies only to visas, not to the entry limits imposed by the travel ban.
Supreme Court to Hear Travel Ban Case
WASHINGTON—The Supreme Court on Wednesday will consider whether President Donald Trump can legally restrict entry to the U.S. for travelers from several Muslim-majority countries, tackling a central issue of his presidency. The case traces back to a defining moment in Mr. Trump's campaign, when he called for "a total and complete shutdown of Muslims entering the United States." That idea evolved through three travel bans of varying character and severity, the latest issued in September 2017.
Opinion | The Supreme Court, the Travel Ban and Echoes of History
as declared in To the Editor:Re "Wartime Internment of Japanese Looms Over Travel Ban Case" (news article, April 17):On behalf of the legal team that filed the 1980s challenge to the 1944 Korematsu Supreme Court decision upholding the incarceration of Japanese-Americans during World War II, we appreciate your insightful article. The original decision was infected by egregious government misconduct in altering, destroying and suppressing evidence showing that the government's claims of military necessity were based on "willful historical inaccuracies and intentional falsehoods."In reopening the wartime cases, the lower federal courts in the 1980s found "manifest injustice," belatedly clearing 120,000 interned Japanese-Americans. Those decisions also demonstrated the peril to American democracy when courts blindly defer to the executive branch's unsubstantiated claim that national security justifies curtailment of fundamental liberties. The government thus far has refused to disclose the evidence supporting President Trump's national security rationale for carrying out the travel ban under executive branch deliberation privilege. Are we repeating history?Author
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